Question

The Legislative branch has the power to propose a change to the Constitution through the amendment process if two thirds of the Congressmen in both houses agree to the amendment. This represents another check over which of the following branches of government?

Select one:
A. Judicial branch
B. Executive branch

Answer 1

Answer:

Executive Branch

Explanation:

Answer 2

Answer:

Judicial Branch

Explanation:

Your answer is correct.

Congressional legislation initiating constitutional amendments is the Legislative’s branch check on the Judicial branch. For example if the Judiciary interpreted a law in one way, and Congress initiated a constitutional amendment to counter that Court decision.

Of course the actual process does not end with the Congress as Congress alone cannot change the constitution; after approval of the legislation, three quarters of the state legislatures (unicameral or bicameral) must approve the changes. In other words, it does not rest with the federal congress alone.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b.

An example is the 11th Amendment (adopted in 1794).

The Amendment was adopted to overrule the Supreme Court’s decision in Chisholm v. Georgia, a decision by the Court that sought to expand its power over individual states.

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